GUZMAN v. DENNISON

While petitioner's prison record is commendable, respondent's denial of parole based on the serious and violent nature of his offense is not arbitrary and capricious ( see Matter of Silmon v Travis, 95 NY2d 470, 476-477; People ex rel. Herbert v New York State Bd. of Parole, 97 AD2d 128, 133). Respondent did find "some aggravating circumstances beyond the inherent seriousness of the crime itself ( Matter of King v New York State Div. of Parole, 190 AD2d 423, 433, affd 83 NY2d 788), e.g., that petitioner was on parole when he committed the crime.